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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been charged by the police with GBH towards however

Customer Question

Hi I have been charged by the police with GBH towards however the pps have made no decision in relation to my case now on 3 occasions why is this
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you with this.

I assume you mean the CPS? Have they said why it is taking so long please?
Alex

Customer: replied 11 months ago.
No charged with section 20 GBH Grievous bodily harm. However there are no witnesses just me and the other party.
Expert:  Ash replied 11 months ago.

Ok - technically there is no time limit which they can make a decision, its really a matter for the CPS.

What you could do, as a public body is seek a Judicial Review as to the reasonableness of keep putting it back.

However the risk of that of course is that they just charge you - you really dont want that.

Therefore you need to think long and hard about that. But the process is that you would issue proceedings in the High Court and ask a Judge whether their refusal to make a decision is legal and reasonable.

For more information please see:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf

Can I clarify anything for you about this today please?
Alex

Customer: replied 11 months ago.
Why do you think they have no decision anytime I appear before the court which is three times now? what reasons
Expert:  Ash replied 11 months ago.

I really dont know - it sounds straight forward. But the CPS are so short staffed because of Government cuts. But this is good news for you, as its more likely they would drop it if short staffed.
Does that clarify? Alex

Customer: replied 11 months ago.
I would hardly think they would drop it as they are short staffed, however I believe they are having problems with the other parties statement and the events that happened on the night- as the other party invited herself into my apartment at 4;03 in the morning when I was asleep.
Expert:  Ash replied 11 months ago.

Ok - then if that is the case they may not have a realistic prospect of bringing a conviction.

That would mean it fails the test and they would take no further action

Does that clarify? Alex

Customer: replied 11 months ago.
ok thanks
Expert:  Ash replied 11 months ago.

Is there anything else I can help you with today please? Alex

Customer: replied 11 months ago.
on Thursday I again have to appear before court and you think that there is a chance the case will be dropped
Expert:  Ash replied 11 months ago.

I would hope so, given this is a third time. Your Solicitor could argue as its the third time it is an abuse of process.

Does that clarify? Alex

Customer: replied 11 months ago.
Its actually the 4th time
Expert:  Ash replied 11 months ago.

Sure. You have an argument for an abuse of process.

There would be some mileage in that and your Solicitor should advise you of that.

Can I clarify anything else for you today please?
Alex

Expert:  Ash replied 11 months ago.

If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.

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